The Delhi Police in its chargesheet has mentioned that Delhi Chief Minister Arvind Kejriwal was in contact with his PS Bibhav Kumar immediately after the alleged attack on Swati Maliwal. According to Delhi Police, Aam Aadmi Party (AAP) leaders Atishi and Sanjay Singh changed their statements, raising questions about a possible conspiracy. Police are currently investigating whether the Chief Minister's proximity to the accused and the subsequent actions of AAP leaders indicate a coordinated effort to conceal the attack. Kumar, currently in judicial custody, allegedly assaulted Maliwal at Kejriwal's official residence on May 13. He was arrested by the Delhi Police on May 18.
An auto driver who is said to be a witness has said Maliwal was upset and crying, narrating her ordeal over the phone, police said. According to Maliwal's statements, Bibhav Kumar threatened her, "How will you not listen to us?... How can you say no to us? Who do you think you are despicable woman.. We will teach you a lesson..."
The FIR against Kumar was registered on May 16 under various Indian Penal Code (IPC) provisions, including those related to criminal intimidation, assault or criminal force on a woman with the intent to disrobe, and attempt to commit culpable homicide. His bail application was earlier dismissed by the trial court and the high court and is pending before the Supreme Court.
The Delhi Court on August 3 had observed that arrest of Arvind Kejriwal's close aide Bibhav Kumar in a case concerning alleged assault on AAP MP Swati Maliwal was "necessary" and police strictly followed the law while doing so.
The high court denied bail to Kumar on July 12, saying he enjoys "considerable influence" and no ground to grant him the relief was made out. In the petition against his "illegal" arrest, Kumar had also sought "appropriate compensation" and initiation of departmental action against the erring officials.
The Delhi Police had opposed the petition and submitted that Kumar was not arrested "in haste" and was taken into custody according to law.